The End Of Civil Jury Trials? Jury Notice Struck Due To COVID-19

• Published date: 14 September 2020
• Subject Matter: Litigation, Mediation & Arbitration, Coronavirus (COVID-19), Trials & Appeals & Compensation, Professional Negligence, Litigation, Contracts and Force Majeure, Operational Impacts and Strategy
• Law Firm: Rogers Partners LLP
• Author: Mr Alon Barda

The recently released motion decision in Belton v. Spencer, 2020 ONSC 5327, is a very important one for anyone practicing civil litigation in the province.

The Case

The claim arises from injuries sustained by the plaintiff on May 21, 2010 when he was kicked by a horse owned the defendant.

The trial was adjourned on a few occasions, including at the request of the plaintiff due to a significant cognitive issue that had "perhaps been overlooked" and the corresponding need to obtain an expert report. There was also an adjournment request by the defendant and further delays due to placing the matter on the long trial list.

The trial was ordered by the Regional Senior Judge to be heard during the long trial sittings commencing October 5, 2020. The parties were subsequently advised during a conference call with the Regional Senior Judge on June 19, 2020 that civil jury trials would not likely take place in 2020 in that jurisdiction due to delays related to COVID-19.

As a result, the matter would be delayed by one year to eighteen months. The Regional Senior Judge expressed the view that if the matter proceeded by way of judge alone it could likely proceed in 2020.

The Position of the Parties

The plaintiff moved for an order striking the defendant's jury notice and directing that the action be tried by a judge alone. The plaintiff argued that, due to COVID-19, there are serious concerns that, if the action proceeds by a jury, the trial will be delayed by a year to eighteen months and justice would be better served by striking the jury notice.

The defendant opposed on the grounds that the duration of the delay is unknown and the court should adopt a "wait and see"...